Pennsylvania Divorce Records

In 2022, about 2.2 divorces per 1,000 were recorded in Pennsylvania, slightly lower than the national average of 2.4 per 1,000. Data suggests that Pennsylvania's divorce rates have remained relatively stable over the past decade; however, rates differ significantly among various ethnic groups, with African American and Mixed populations recording higher rates compared to other ethnicities.

Pennsylvania divorce records are considered public records; as such, they are generally accessible to any interested member of the public. These records are maintained by the Prothonotary's Office in the county where the divorce was granted and are categorized into two main types:

• Divorce Decrees: this is an official record of the divorce. Divorce decrees are typically available to anyone and contain essential facts of the divorce, such as the names of the couple involved, and the date and location of the divorce; they may also contain details of the marital settlement agreement.
• Divorce Files: this is a collection of all documents filed or generated about the divorce case. Access to Pennsylvania divorce files (excluding the divorce decree) is usually limited to the involved parties and their attorney(s) of record.

What Are the Residency Requirements for Divorce in Pennsylvania?

To start a divorce in Pennsylvania, at least one of the spouses must have lived in the state for at least six months before the filing date, as stipulated by Pennsylvania Consolidated Statutes Title 23, Section 3104.

What Are the Grounds for Divorce in Pennsylvania?

In Pennsylvania, you can file for divorce on both fault-based and no-fault-based grounds. Fault-based divorces require proving that one spouse's misconduct led to the breakdown of the marriage, while no-fault-based divorces do not require this.

• No-fault-based Divorces: There are two categories of no-fault-based divorces in Pennsylvania:
  • Mutual Consent: mutual consent divorces may be granted if both spouses agree that the marriage is irretrievably broken and also want/agree to a divorce.
  • Un-consented: here, only one spouse wants/agrees to the divorce. Certain conditions have to be met for un-consented divorces, such as proving that the marriage is irretrievably broken and being separated for at least one year.
• Fault-based Divorces: fault-based divorces may be granted if one spouse refuses to agree to the divorce, the couple has not been separated for up to a year, and the spouse filing does not wish to wait out this separation period. Here, the person filing for the divorce must prove that the other spouse is at fault, based on any of the following legal grounds:
  • Abandonment/Desertion for at least one year
  • Adultery
  • Bigamy
  • Conviction and subsequent imprisonment for at least two years
  • Indignities (that makes the filing spouse's life unbearable)
  • Cruel and barbarous treatment that endangers the filing spouse's life or health
  • Insanity (the other spouse must have been in a mental institution for at least 18 months before the divorce is filed)

How Much Does It Cost to File for Divorce in Pennsylvania?

The cost of getting a divorce in Pennsylvania is estimated to be around $11,202 per person, more than the national average of $9,970. Notwithstanding this, divorce costs in Pennsylvania are relatively less expensive than the neighboring states of New York ($13,835) and New Jersey ($12,300), and on par with costs obtainable in Maryland ($11,165).

Divorce filing fees in the state vary by county but typically range from $170 - $400 (or more). Other expenses that contribute to the overall cost of the divorce procedure in Pennsylvania include:

• Attorney fees
• Process server fees
• Family therapy/parent class costs
• Mediation costs
• Forensic accounting costs
• Joint debts and property division
• Spousal and child support calculations
• Relocation expenses

How Long Is the Waiting Period for Divorce in Pennsylvania?

At least 90 days must have elapsed after a divorce complaint is filed in Pennsylvania before it may be finalized by the court. During this waiting period, the court may require that the couple attend a counseling program to seek possible reconciliation.

It should be noted that the 90-day waiting period is distinct from the separation period required for un-consented divorces. Under state law, a couple must have lived separate and apart for at least one year before one spouse may file for a no-fault divorce on the grounds of the marriage being irretrievably broken.

How To File for Divorce in Pennsylvania?

The divorce procedure in Pennsylvania generally involves the following steps:

• Determine eligibility and filing location. To file for divorce in Pennsylvania, one or both spouses must have lived in the state for at least six months prior. The divorce may be filed in the county where –
  • The couple last lived together, if the spouse filing (the plaintiff) has lived there continuously
  • The other party (the defendant) lives
  • The plaintiff lives if the defendant currently resides outside of Pennsylvania
  • Either spouse currently lives, if they have been separated for more than six months. The divorce may also be filed where the plaintiff lives (with the defendant's agreement) if they have been separated for less than six months
• File a divorce complaint with the appropriate court. County-specific forms are typically available at the courthouse.
• Serve the other party. This typically has to be done within 30 days of filing the divorce complaint but may be extended to 90 days if they do not currently live in Pennsylvania.
• Negotiate, settle, and file required supporting paperwork. This step typically involves preparing a settlement agreement for mutual consent divorce and court-mandated counseling, mediation, or court hearings/trials for un-consented/fault divorces.
• Once all matters are resolved, the final divorce decree is issued.

You may find more details about Pennsylvania's divorce procedure by utilizing the resources available on the Unified Judicial System of Pennsylvania's official website.

Are Divorce Records Public in Pennsylvania?

Divorce records in Pennsylvania are generally presumed to be public records that may be viewed and copied by interested parties. Access to these records is governed by the Unified Judicial System of Pennsylvania's Public Records Polices. Be aware that divorce records containing details about minors, abuse victims, and other sensitive information, as well as sealed divorce records, are typically restricted to protect the privacy of the individuals involved. Only authorized parties may access these restricted records.

How To Get Certified Copies of a Divorce Decree in Pennsylvania?

The terms "divorce decree" and "divorce certificate" are often used interchangeably when referring to divorce records in Pennsylvania, and they both refer to official documents detailing a divorce granted in the state. However, some divorce decrees may contain basic information on the divorce (usually the date, location, and names of the parties involved), while others may have more detailed information attached, like the marital settlement agreement.

You may obtain certified copies of a divorce decree in Pennsylvania through the Prothonotary's Office in the county where the divorce was granted. You will typically be required to provide the case/docket number assigned to the divorce case; if this is unavailable, you may provide the names of the couple named on the record and an approximate year of divorce. Depending on the office, requests may be submitted in person, via mail, or online; you will also be charged a copy fee (this also varies by county). You may contact the appropriate County Prothonotary for additional information concerning their records request process.

Divorce Settlement: Is Pennsylvania a 50/50 State?

Pennsylvania is an equitable distribution state, meaning that any property acquired during a marriage is fairly divided, distributed, or assigned between the couple in the event of a divorce. As such, each party may not necessarily get a 50/50 split of the assets (and debts) in the divorce settlement, as is typically obtainable in community property states (like California and Arizona).

Per Chapter 35 of the state's Domestic Relations Code, courts do not consider marital misconduct when distributing marital property; instead, each asset or group of assets is typically divided in consideration to factors like:

• The length of the marriage
• Prior marriages (if any)
• The age, health, income, skills, and needs of both parties
• Contributions to the other party's education or earning power
• Future financial opportunities for both parties
• Sources of income and benefits
• Each party's role in acquiring or preserving marital property
• Standard of living during the marriage
• Each party's economic circumstances at the time of division
• Custody of dependent children

FAQs about the Divorce Process in Pennsylvania

Here are answers to some frequently asked questions about Pennsylvania's divorce procedure.

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